Drunk driving is a serious problem in Hawaii. Drunk drivers put everyone else on the road in danger and increase the chance of a serious or fatal accident.
The problem of drunk driving does not appear to be getting better. According to recent statistics, approximately 33% of all traffic deaths over a five-year period were caused by a drunk driver.
Hawaii drunk driving laws
Hawaii takes the crime of drunk driving seriously. Under Hawaii law, a driver with a blood alcohol concentration of .08 or higher is considered legally impaired. If a driver is under the age of 21, any level of alcohol in their system is illegal.
If you have been injured by a drunk driver, you can hold the driver responsible for their reckless and negligent actions through a personal injury lawsuit. Depending on the circumstances, another party could also be responsible for the accident, such as the business that served alcohol to the driver.
Dram shop liability
The legal concept of dram shop liability holds bars, restaurants or other establishments responsible for serving alcohol to someone who is visibly intoxicated or underage and that person later causes a drunk driving accident.
Proving liability under the dram shop law involves showing that the establishment acted negligently by serving alcohol to someone they knew should not have been drinking.
What if the drunk driver was overserved while at a private residence, such as a friend of family member’s house? You can hold them responsible through social host liability.
Social host liability
Just like business owners, private citizens have a legal responsibility to not serve alcohol to guests who are visibly intoxicated when they know they are going to drive. If the host of a social gathering serves alcohol to a guest who later drives and causes an accident, they can be held liable for the resulting harm.
Drunk driving accidents often cause major injuries to drivers and passengers of other vehicles. Common injuries from drunk driving include broken bones, back injuries, head injuries, spinal cord injuries and traumatic brain injuries. Some injuries cause permanent scarring and disfigurement.
Holding a drunk driver accountable
The negligent actions of a drunk driver can ruin someone else’s life and the lives of their family members and loved ones. Being seriously injured is bad enough, but it is worse knowing that the outcome could have been avoided if the person had just not gotten behind the wheel.
Drunk drivers deserve to be held responsible for their reckless actions and you have a right to recover compensation for your losses. The costs from a drunk driving accident can quickly add up between medical bills and lost wages, in addition to the pain, suffering and emotional toll the accident takes.
You must prove negligence to recover compensation. Proving the driver was drunk and caused your accident requires collecting and analyzing evidence to build the strongest possible case for negligence.
If you believe you have a valid personal injury claim due to a drunk driving accident, it is important to act quickly. The statute of limitations in Hawaii for personal injury lawsuits is two years from the date when the injury occurred.